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Public Notice – SEC Regulatory Hearing 12/04/2013

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Notice of Regulatory Hearing

Adoption of Regulations and Other Matters Before the

State Environmental Commission

The State Environmental Commission (SEC) will hold a meeting on Wednesday 

December 4, 2013 at 10:00 am in Carson City. The meeting location in Carson 

City is the Bryan Building located at 901 South Stewart Street (2nd floor, Tahoe 

Room).The purpose of the meeting is to receive comments from all interested 

persons regarding the information listed on this agenda.

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Nevada Division of Environmental Protection: (For Possible Action)

Nevada Division of Environmental Protection: (For Possible Action)

R041-13: Air Quality, Adoption by Reference of Certain Federal Regulations: 

The Nevada Division of Environmental Protection (NDEP) is proposing to amend 

NAC 445B.221, Adoption by reference and applicability of certain provisions of 

federal law and regulations, to adopt applicable federal rules promulgated 

since the State regulation was last updated as of January 1, 2012. The update 

includes rulemakings under 40 CFR Part 52.21, "Prevention of significant 

deterioration of air quality" (PSD), related to the regulation of greenhouse 

gases, Part 60, "Standards of performance for new stationary sources" (NSPS), 

and Part 63, "National emission standards for hazardous air pollutants for 

source categories" (NESHAP). 

This regulation will not have an immediate or long-term adverse economic 

impact on the public or the business community. There will be no additional 

costs to NDEP for enforcement of the proposed regulation and the regulation 

does not overlap, duplicate or conflict with any regulations of other 

government agencies. The regulation does not address fees and it is essential 

to the functions and operations of NDEP. 

R042-13: Standards of Quality for Ambient Air, Prerequisites & Conditions 

for Operating Permits; and Compliance with Applicable State 

Implementation Plan: The (NDEP) is proposing to amend NAC 445B.22097, 

“Standards of quality for ambient air,” and NAC 445B.308, “Prerequisites and 

conditions for issuance of certain operating permits; compliance with 

applicable state implementation plan.” The agency is proposing to revise the 

Nevada side of the ambient air quality standards table in NAC 445B.22097 to 

further align it with the federal standards currently in effect. The proposed 

regulation also revises the 2008 lead and ozone standards in the Nevada side of 

the ambient air quality standards table. Additionally, it adds an explanatory 

note regarding implementation of the federal fine particles standard in 

Nevada. 
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Public Notice – SEC Regulatory Hearing 12/04/2013

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NDEP is proposing this action in response to a rulemaking by the USEPA, which 

identified deficiencies in Nevada’s state implementation plan (SIP) with respect 

to Nevada’s minor sources permitting program. USEPA determined that 

Nevada’s permitting regulations did not adequately address the 2006 fine 

particulate or the 2008 lead NAAQS. The NDEP identified a similar deficiency 

with respect to the 2008 ozone NAAQS. If adopted, these amendments will be 

submitted to the U.S. Environmental Protection Agency as part of a SIP 

revision. Finally, the proposed regulation removes an obsolete subsection from 

NAC 445B.308 in accordance with Governor Sandoval's directive to agencies to 

streamline regulations, use clear and concise language, and remove 

unnecessary requirements. 

This regulation will not have an immediate or long-term adverse economic 

impact on the public or the business community. There will be no additional 

costs to NDEP for enforcement of the proposed regulation and the regulation 

does not overlap, duplicate or conflict with any regulations of other 

government agencies. The regulation does not address fees and it is essential 

to the functions and operations of NDEP.

R092-13: Provide for Public Non-motorized Access to Mine Pit Lakes under 

Certain Conditions; and Reclamation Plan Providing for a Point of Access:

Assembly Bill 346 (AB 346), passed during the 2013 Nevada Legislative session, 

amended NRS 519A.230 providing new statutory provisions related to public 

access to mine pit lakes. The bill allows for non-motorized public access in pit 

lakes with a predicted filled surface area of more than two hundred (200) acres 

subject to the landowner(s) determination of the final and ultimate use of the 

premises and whether public access will be provided. If access is allowed, at 

least one (1) point will be provided when the lake has reached ninety (90) 

percent of maximum capacity. 

Proposed revisions to NAC 519A.250, Section 5 would reference the new 

statutory provisions related to pit lake access (NRS 519A.230). If public access 

will be provided, an exemption from reclamation requirements would not be 

available and reclamation of the open pit or rock face would be required for 

the point(s) of public non-motorized access to the water level of the pit lake. 

A new section is proposed to be added to NAC 519A.270 requiring a plan for 

reclamation to include the landowner(s) determination whether public access 

will be allowed to the future pit lake located on their premises, and if so, 

provision(s) for a point or points of access. 

This regulation will not have an immediate or long-term adverse economic 

impact on the public or the business community. There will be no additional 

costs to NDEP for enforcement of the proposed regulation and the regulation 

does not overlap, duplicate or conflict with any regulations of other 
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Public Notice – SEC Regulatory Hearing 12/04/2013

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government agencies. The regulation does not address fees and it is essential 

to the functions and operations of NDEP.

R093-13: Standards for Water Quality: 

The NDEP is proposing changes to the Nevada Administrative Code (NAC) 

removing waterbodies or portions of waterbodies in the NAC pertaining to State 

Water Quality Standards on Federal Indian Reservations. During the 1970’s, 

when Nevada was establishing its water quality standards, Nevada set 

standards on several Federal Indian Reservations. In 1983, the Federal 

government established a federal Indian policy to treat Tribal governments on 

a government-to-government basis, and to support the principle of selfdetermination and local decision making by Indian Tribes. Section 518(e) of 

Clean Water Act (CWA) was added as part of the 1987 Amendments. This 

section authorizes the United States Environmental Protection Agency (USEPA) 

to treat federally recognized Indian Tribes in a similar manner as states for 

certain provisions of the CWA, including the water quality standards program.

This regulation will not have an immediate or long-term adverse economic 

impact on the public or the business community. There will be no additional 

costs to NDEP for enforcement of the proposed regulation and the regulation 

does not overlap, duplicate or conflict with any regulations of other 

government agencies. The regulation does not address fees and it is essential 

to the functions and operations of NDEP.

Additional Information: Persons wishing to comment on the proposed actions 

of the State Environmental Commission (SEC) may appear at the scheduled 

public hearing or may address their comments, data, views, or arguments in 

written form to: State Environmental Commission, 901 South Stewart Street, 

Suite 4001, Carson City, Nevada 89701-5249. The SEC must receive written 

submissions at least five days before the scheduled public hearing. 

If no person who is directly affected by the proposed action appears to request 

time to make an oral presentation, the SEC may proceed immediately to act 

upon any written submissions. 

Members of the public can inspect copies of the regulations to be adopted at 

the State Library and Archives in Carson City (100 Stewart Street), and at the 

offices of the Division of Environmental Protection in Carson City and Las 

Vegas. The Carson City office is located at 901 South Stewart Street, Suite 4001 

and the Las Vegas office is located at 2030 E. Flamingo Rd. Suite 230. 

As required by the provisions of chapters 233B and 241 of Nevada Revised 

Statutes, the public notice for this hearing was posted at the following 

locations: the Bryan Building (901 South Stewart Street, Carson City, Nevada); 

the offices of the Division of Environmental Protection in Las Vegas (2030 E. 

Flamingo Rd. Suite 230), at the State Library and Archives building in Carson 
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City (100 Stewart Street) and at the Nevada Division of Minerals, 400 W. King 

Street, Carson City, NV.

In addition, copies of this notice have been deposited electronically at major 

library branches in each county in Nevada. This notice and the text of the 

proposed regulations are also available on the State Environmental 

Commission's website at: http://sec.nv.gov/main/hearing_1213.htm. The proposed 

regulation denoted in this notice, including previous drafts, is or will be posted 

on the Legislative Counsel Bureau's website at: http://www.leg.state.nv.us/register/ .

Members of the public who are disabled and require special accommodations or 

assistance at the meeting are requested to notify, in writing, the Nevada State 

Environmental Commission, in care of Valerie King, Executive Secretary, 901 

South Stewart Street, Suite 4001, Carson City, Nevada 89701-5249, facsimile 

(775) 687-5856, or by calling (775) 687-9374, no later than 4:00 p.m. on 

November 27, 2013.